Carrier's Liability for Damage to Goods During Transport

Entrusting your belongings to a moving company is an act of trust that unfortunately involves concrete risks. Discovering that valuable furniture, sentimental items, or appliances have been damaged or lost during loading, transport, or unloading operations is a frustrating experience that requires an immediate and informed reaction. As a lawyer specializing in damage compensation in Milan, Avv. Marco Bianucci understands that behind every damaged item there is not only an economic loss, but often significant logistical and emotional distress.

Italian law, through the Civil Code, governs the carriage contract and places a presumption of liability on the carrier (the moving company). According to Article 1693 of the Civil Code, the carrier is liable for the loss and damage to the goods entrusted to them for transport, from the moment they receive them until the moment they deliver them to the consignee. This means that, in principle, it is up to the company to prove that the damage was caused by an unforeseeable event not attributable to its conduct (so-called force majeure) or by the nature of the goods themselves or their packaging, if carried out by the customer.

A crucial aspect in managing these disputes is the delivery phase. The regulations distinguish between apparent damage, immediately visible upon unloading, and hidden damage, not externally recognizable. For visible damage, it is essential to make a specific reservation on the transport document at the time of signing. Accepting the goods without reservation, or with a general reservation, can severely prejudice the right to compensation. For hidden damage, however, the customer has very strict deadlines to report the defect, under penalty of forfeiture of the right to claim damages.

Bianucci Law Firm's Approach to Damage Recovery

When damage occurs during a move, promptness and accuracy in handling the claim are crucial. The approach of Avv. Marco Bianucci, a lawyer specializing in damage compensation in Milan, is based on a meticulous analysis of the contractual documentation and the insurance coverages activated by the transport company. In fact, companies often offer standard carrier's liability insurance that provides for minimal compensation (often calculated by weight, such as 1 euro per kg), which is entirely inadequate to cover the real value of high-value furniture or electronic equipment.

Bianucci Law Firm intervenes to assess whether there are grounds to overcome the limits of carrier's liability, by demonstrating, for example, gross negligence by the carrier, or to correctly activate any "all risk" policies that may have been subscribed. The strategy initially involves an out-of-court phase, with the drafting of a formal notice and the management of negotiations with the company's legal department or the insurance company. The goal is to obtain full compensation that covers not only the value of the lost or damaged item, but also the incidental expenses incurred for repair or replacement.

In many cases, the presence of an experienced lawyer helps to unblock stalemates where the moving company denies its responsibility, attributing the damage to faulty packaging or external causes. Through a precise reconstruction of the facts and, if necessary, the assistance of technical expert reports, the firm works to protect the client's assets, ensuring that the rights provided by transport regulations and the Consumer Code are fully respected.

Frequently Asked Questions

What should I do if I notice the damage only after the movers have left?

If the damage was not visible at the time of delivery (hidden damage), the law requires that the notification must be made strictly within 8 days of receiving the goods. It is necessary to send a registered letter with return receipt or a certified email (PEC) to the moving company, describing the damage in detail and attaching photographic evidence. Failure to comply with this deadline usually results in the loss of the right to compensation.

I signed the delivery note without reservations, can I still claim damages?

If you signed the transport document without making any reservations, it is presumed that the goods were delivered in good condition. However, it is still possible to take action if you can prove that the damage was hidden, i.e., not recognizable with ordinary diligence at the time of unloading, and provided that the notification is made within the prescribed 8 days. For visible damage, on the other hand, signing without reservations makes it very difficult to obtain compensation, except in cases of fraud or gross negligence by the carrier.

The company offers me a refund of 1 euro per kilo, is this legal?

Many transport contracts provide for carrier liability limits that tie compensation to the weight of the goods (often 1 euro per kg according to national regulations for road transport). However, this limit does not apply if fraud or gross negligence by the carrier is proven, or if supplementary "all risk" insurance covering the real value of the goods has been taken out. A legal analysis of the contract is essential to understand whether the offer is adequate or contestable.

Who pays if the damage was caused by poor packaging done by me?

If the customer has personally packaged the goods, the moving company may disclaim responsibility, arguing that the damage resulted from a defect in the packaging itself. In this case, the burden of proof is complex. However, if the packaging defect was obvious and the carrier nevertheless agreed to transport the goods without raising written objections, the company could be held partially responsible for not having pointed out the risk.

Request an Evaluation of Your Case

If you have suffered significant damage to your furniture or personal belongings during a move and the company denies compensation or offers negligible amounts, it is crucial to act quickly. Contact Avv. Marco Bianucci for a preliminary assessment of your situation. Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, is at your disposal to analyze the transport contract and define the best strategy to obtain fair compensation.